BILL NUMBER: AB 2908	CHAPTERED  09/29/00

	CHAPTER   860
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JULY 5, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN SENATE   JUNE 1, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Committee on Transportation (Torlakson (Chair),
Correa, Davis, Dutra, Firebaugh, House, Leach, Longville, Margett,
Nakano, Scott, and Strom-Martin)

                        MARCH 15, 2000

   An act to amend Section 640 of the Penal Code, to amend Section
21623 of, to add Section 99315.8 to, and to repeal Sections 21503 and
21606 of, the Public Utilities Code, to amend Section 104.12 of the
Streets and Highways Code, and to amend Sections 5002.7, 21455.6,
34505.6, 35400, 35401.3, 35401.5, 35402, and 40303 of the Vehicle
Code, relating to transportation, and making an appropriation
therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2908, Committee on Transportation.  Transportation.
   (1) Existing law provides that skateboarding, roller skating, or
roller blading in any public transportation system facility, vehicle,
or parking structure is an infraction, punishable by a fine and
community service, as prescribed.
   This bill would also make bicycle riding in a public
transportation system facility, vehicle, or parking structure an
infraction punishable by a fine and community service, as specified,
except as otherwise provided.  By creating a new crime, the bill
would impose a state-mandated local program.
   (2) Existing law requires the Department of Transportation to
submit a report to the Governor, the Legislature, and the Federal
Aviation Administration relating to a specified flying prototype
aircraft instrument display system project.
   This bill would delete the provision requiring submission of the
specified report.
   (3) Existing law prohibits any person or public entity from
submitting an application to a federal agency to purchase, acquire,
or operate an airport owned by the United States within this state,
until the Department of Transportation has completed its evaluation
and issued a recommendation under a specified provision of existing
law relating to determining the future need for the airport.
   This bill would delete the provision in existing law prohibiting
submission of the specified application under the specified
circumstances.
   The bill would authorize, instead of require, the department to
evaluate the future need for an airport under certain circumstances
and would delete a specified deadline for completion of the
evaluation.
   (4) Existing law prescribes the allocation of funds from the
Public Transportation Account and the State Highway Account, both in
the State Transportation Fund.
   This bill would require that certain funds that were allocated
from these accounts to the North Coast Railroad Authority for
specific track repair and rolling stock acquisitions also be
available for expenditure on any form of track improvement project,
track rehabilitation project, or rolling stock acquisition project
nominated by the authority, as specified.  The bill thereby would
make an appropriation.
   (5) Existing law requires the Department of Transportation to
submit to the Legislature specified annual reports relating to
airspace and land acquisitions.
   This bill would delete the provisions requiring submission of
those specified reports.
   (6) Existing law authorizes any member of the county board of
supervisors who is regularly issued a county-owned vehicle and is in
a county of over 20,000 square miles in area to apply to the
Department of Motor Vehicles for regular series license plates for
that vehicle, if a request for that issuance is also made by the
county board of supervisors.
   This bill would extend that authority to any county auditor,
controller, treasurer, or tax collector who is regularly issued a
county-owned vehicle and is in a county of over 20,000 square miles
in area.
   (7) Existing law requires the Department of the California Highway
Patrol to recommend that the Public Utilities Commission suspend or
revoke the permit of a household goods carrier, as defined, or for
interstate operators, to recommend to the federal Highway
Administration Office of Motor Carriers that appropriate
administrative action be taken against a carrier, when the carrier
has failed to maintain any pertinent vehicle in a safe operating
condition or to comply with regulations relative to motor carrier
safety, as specified, failed to enroll all drivers in a required
pull-notice system, as defined, or failed to submit any application
or pay any fees required through a specified inspection program
within the required timeframes.
   This bill would make the above provision applicable to a household
goods carrier transporting used office, store, or institution
furniture and fixtures under its household goods carrier permit
issued under specified provisions of the Public Utilities Code.  The
bill would change the reference in the above provision from the
federal Highway Administration Office of Motor Carriers to the
Federal Motor Carrier Safety Administration.
   (8) Existing law prohibits any vehicle on a highway from exceeding
a length of 40 feet, except, among others, an articulated bus or
articulated trolley coach that does not exceed a length of 60 feet,
plus a folding device for carrying bicycles that may be attached to
the front of the bus or trolley coach and may extend no more than 30
inches from the front of the bus or trolley coach.
   This bill would authorize the specified folding device to extend
not more than 36 inches from the front body of the bus or trolley
coach.
   (9) Existing law limits the length of vehicles and combinations of
vehicles coupled together.  Under existing law, extensions of not
more than 18 inches are not included in measuring the length of a
vehicle or combinations of vehicles under described circumstances.
   This bill would modify the circumstances for the application of
the 18-inch extension exception.
   (10) Existing law generally prohibits any combination of vehicles
coupled together, including any attachments, from exceeding a total
length of 65 feet.  A combination of vehicles designed and used to
transport motor vehicles or boats that consists of a motortruck and a
stinger-steered semitrailer is exempt from that prohibition and is
authorized a length of up to 70 feet, under certain conditions, and
75 feet under other conditions.  A motortruck that is used in
combination with a semitrailer solely for transporting motor vehicles
or boats is exempt from that prohibition if the semitrailer does not
exceed 48 feet or 53 feet in length and the combination is operated
on certain federal highways or on routes identified by the Department
of Transportation or local authorities.
   This bill would include within those exemptions a motortruck and
semitrailer combination that meets the specified requirements and is
used to transport trailers or camper units.
   (11) Existing law authorizes the arresting officer to either give
a person 10 days' notice to appear in court or take the person before
a magistrate when the person is arrested for prescribed offenses.
   This bill would expand those offenses to include a violation of
operating a motorized scooter while under the influence of an
alcoholic beverage or any drug.
   (12) This bill would incorporate additional changes in Section
35400 of the Vehicle Code proposed by AB 2175, to become operative if
both bills are enacted and become effective on or before January 1,
2001.
  (13) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 640 of the Penal Code is amended to read:
   640.  (a) Any of the acts described in subdivision (b) is an
infraction punishable by a fine not to exceed two hundred fifty
dollars ($250) and by community service for a total time not to
exceed 48 hours over a period not to exceed 30 days, during a time
other than during his or her hours of school attendance or
employment, when committed on or in  any of the following:
   (1) Any facility or vehicle of a public transportation system as
defined by Section 99211 of the Public Utilities Code.
   (2) Any facility of, or vehicle operated by any entity subsidized
by, the Department of Transportation.
   (3) Any leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
   (b) (1) Evasion of the payment of any fare of the system.
   (2) Misuse of any transfer, pass, ticket, or token with the intent
to evade the payment of any fare.
   (3) Playing sound equipment on or in any system facility or
vehicle.
   (4) Smoking, eating, or drinking in or on any system facility or
vehicle in those areas where those activities are prohibited by that
system.
   (5) Expectorating upon any system facility or vehicle.
   (6) Willfully disturbing others on or in any system facility or
vehicle by engaging in boisterous or unruly behavior.
   (7) Carrying any explosive or acid, flammable liquid, or toxic or
hazardous material in any public transit facility or vehicle.
   (8) Urinating or defecating in any system facility or vehicle,
except in a lavatory.  However, this paragraph shall not apply to any
person who cannot comply with this paragraph as a result of a
disability, age, or a medical condition.
   (9) (A) Willfully blocking the free movement of another person in
any system facility or vehicle.
   (B) This paragraph (9) shall not be interpreted to affect any
lawful activities permitted or first amendment rights protected under
the laws of this state or applicable federal law, including, but not
limited to, laws related to collective bargaining, labor relations,
or labor disputes.
   (10) Skateboarding, roller skating, bicycle riding, or roller
blading in any system facility, vehicle, or parking structure.  This
paragraph does not apply to any activity that is necessary for
utilization of the transit facility by a bicyclist, including, but
not limited to, any activity that is necessary for parking a bicycle
or transporting a bicycle aboard a transit vehicle, if that activity
is conducted with the permission of the transit agency in a manner
that does not interfere with the safety of the bicyclist or other
patrons of the transit facility.
   (11) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket, in
accordance with Section 99155 of the Public Utilities Code and posted
system identification policies when entering or exiting a transit
station or vehicle.  Acceptable proof of eligibility must be clearly
defined in the posting.
   (B) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, any citation
issued shall be held for a period of 72 hours to allow the user to
produce acceptable proof.  If the proof is provided, the citation
shall be voided.  If the proof is not produced within that time
period, the citation shall be processed.
  SEC. 2.  Section 21503 of the Public Utilities Code is repealed.
  SEC. 3.  Section 21606 of the Public Utilities Code is repealed.
  SEC. 4.  Section 21632 of the Public Utilities Code is amended to
read:
   21632.  (a) The department may also acquire existing airports and
air navigation facilities, but it shall not acquire any airport or
air navigation facility owned or controlled by a political
subdivision of this or any other state without the consent of the
political subdivision.
   (b) Whenever an airport owned or operated by the United States in
this state ceases to be so owned or operated, the department, in
consultation with local and regional transportation planning
agencies, may evaluate the present and future need for the airport in
the state's public-use airport system, including the need for both
the transportation of people and goods.  The purpose of the
evaluation is to determine aviation needs and does not eliminate any
requirement of the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code.
   (c) Prior to finalizing the evaluation, the department shall
submit a copy of its report to the commission for review and comment.
  The commission shall complete its review and forward any comments
to the department not later than 45 days after receiving the
evaluation.
   (d) Upon completion of its evaluation, the department may make a
recommendation to the Legislature, the commission, the affected local
agencies, and the appropriate federal agency for the airport's
ownership and type of operation as a public-use airport, if the
department determines that the airport would be of significant
benefit to the state's airport system.  It is the intent of the
Legislature that the department, in making its recommendation, give
priority for ownership and operation of these public-use airports to
a local political subdivision or subdivisions acting jointly.
   (e) Notwithstanding Section 21606, if a political subdivision or
subdivisions acting jointly notify the department of their intentions
to prepare a reuse plan for the airport, and simultaneously apply to
the Federal Aviation Administration for a federal grant to develop
an airport master plan for the airport, the department shall not make
its recommendation pursuant to subdivision (d).  If the department's
evaluation determines that the airport would be of significant
benefit to the state's airport system, and the political subdivision
or subdivisions acting jointly fail to convert the federal airport to
a civil public-use airport in accordance with the department's
evaluation within five years of notification to the department, or
fail to evidence substantial progress toward that purpose as
determined by the department, then the department may take action in
accordance with subdivision (f).
   (f) If the department determines the airport is of present or
future benefit to the state's public-use airport system, and no
political subdivision applies to the appropriate federal agency to
acquire or operate the airport, or has notified the department of its
intention to prepare a reuse plan for the airport and thereafter
fails to act upon its application pursuant to subdivision (e), the
department may, subject to subdivision (g), assist in the formation
of a public entity to own and operate the airport which shall be
representative of political subdivisions in the area which surrounds
and is served by the airport, as determined by the department.  If
established, the owning and operating entity may, subject to
subdivision (g), prepare and submit an application to the appropriate
federal agency to acquire or operate, or acquire and operate, the
airport as a public airport.
   (g) Notwithstanding subdivision (f), if any political subdivision
has previously applied to the appropriate federal agency to acquire
and operate the airport as a public airport, has completed all
required environmental and fiscal evaluations, and subsequently
withdrew its application prior to December 31, 1988, the department
shall not file any application to acquire or operate the airport or
assist in the formation of a public entity to own and operate the
airport.
  SEC. 5.  Section 99315.8 is added to the Public Utilities Code, to
read:
   99315.8.  All funds from the Public Transportation Account and the
State Highway Account, in the State Transportation Fund, previously
allocated by the commission for specific track repair and rolling
stock acquisitions through resolutions number MFP-95-05, MFP-95-10,
MPFP-95-01, MFA-96-01, and MBFA-98-01 shall also be available for
expenditure on any form of track improvement project, track
rehabilitation project, or rolling stock acquisition project
nominated by the North Coast Railroad Authority, as approved by the
commission.  Projects nominated by the North Coast Railroad
Authority, for which funds in the State Highway Account in the State
Transportation Fund are to be used, are also required to be eligible
under Article XIX of the California Constitution.  The encumbering
and expending of funds for this project is not subject to an
additional allocation action or approval action, or both actions, by
the commission.
  SEC. 6.  Section 104.12 of the Streets and Highways Code is amended
to read:
   104.12.  (a) The department may lease to public agencies or
private entities for any term not to exceed 99 years the use of areas
above or below state highways, subject to any reservations,
restrictions, and conditions that it deems necessary to ensure
adequate protection to the safety and the adequacy of highway
facilities and to abutting or adjacent land uses.  Authorized
emergency vehicles, as defined in Section 165 of the Vehicle Code,
which are on active duty and are not merely being stored, shall be
given preference in the use of these  areas, and no payment of
consideration shall be required for this use of the areas by these
vehicles.  Prior to entering into any lease, the department shall
determine that the proposed use is not in conflict with the zoning
regulations of the local government concerned.  The leases shall be
made in accordance with procedures to be prescribed by the
commission, except that, in the case of leases with private entities,
the leases shall only be made after competitive bidding unless the
commission finds, by unanimous vote, that in certain cases
competitive bidding would not be in the best interests of the state.
The possibilities of entering into the leases, and the consequent
benefits to be derived therefrom, may be considered by the department
in designing and constructing the highways.
   Revenues from the leases shall be deposited in the State Highway
Account.  If leased property was provided to the department for state
highway purposes through donation or at less than fair market value,
the lease revenues shall be shared with the donor or seller if so
provided by contract when the property was acquired.  If the donor or
seller was a local agency which no longer exists at the time the
department enters into the lease, the local agency's share of lease
revenues shall be paid to the county or counties within which the
local agency was situated.
   (b) Notwithstanding subdivision (a), in any case where sufficient
land or airspace exists within the right-of-way of any highway,
constructed in whole or in part with federal-aid highway funds, to
accommodate needed passenger, commuter, or high-speed rail, magnetic
levitation systems, and highway and nonhighway public mass transit
facilities, the department may make the land or airspace available,
with or without charge, to a public entity for those purposes,
subject to any reservations, restrictions, or conditions that it
determines necessary to ensure adequate protection to the safety and
adequacy of highway facilities and to abutting or adjacent land uses.

   (c) The department shall consider future lease potential of areas
above or below state highway projects when planning new state highway
projects.  This consideration shall be accomplished by
intradepartment consultation between offices concerned with project
development and airspace lease development.
  SEC. 7.  Section 5002.7 of the Vehicle Code is amended to read:
   5002.7.  (a) For any county of over 20,000 square miles in area,
any member of the county board of supervisors, or any county auditor,
controller, treasurer, or tax collector, who is regularly issued a
county-owned vehicle may apply to the department for regular series
license plates for that vehicle, if a request for that issuance is
also made by the county board of supervisors.  The application and
the request shall be in the manner specified by the department.
   (b) Regular series license plates issued pursuant to subdivision
(a) shall be surrendered to the department by the board member or
administrative officer, as applicable, upon the reassignment of a
vehicle, for which those plates have been issued, to a person other
than the person who requested those plates.
  SEC. 8.  Section 21455.6 of the Vehicle Code is amended to read:
   21455.6.  (a) A city council or county board of supervisors shall
conduct a public hearing on the proposed use of automated enforcement
systems authorized pursuant to Section 21455.5 prior to that city or
county entering into a contract for the use of those systems.
   (b) The authorization in Section 21455.5 to use automated
enforcement systems does not authorize the use of photo radar for
speed enforcement purposes by any jurisdiction.
  SEC. 9.  Section 34505.6 of the Vehicle Code is amended to read:
   34505.6.  (a) Upon determining that a motor carrier of property
who is operating any vehicle described in subdivision (a), (b), (e),
(f), (g), or (k) of Section 34500, or any motortruck of two or more
axles that is more than 10,000 pounds gross vehicle weight rating, on
a public highway, has done any of the following, the department
shall recommend that the Department of Motor Vehicles suspend or
revoke the carrier's motor carrier permit, or for interstate
operators, the department shall recommend to the  Federal Motor
Carrier Safety Administration that appropriate administrative action
be taken against the carrier:
   (1) Failed to maintain any vehicle of a type described above in a
safe operating condition or to comply with the Vehicle Code or with
applicable regulations contained in Title 13 of the California Code
of Regulations, and, in the department's opinion, that failure
presents an imminent danger to public safety or constitutes a
consistent failure so as to justify a suspension or revocation of the
motor carrier's motor carrier permit.
   (2) Failed to enroll all drivers in the pull-notice system as
required by Section 1808.1.
   (3) Failed to submit any application or pay any fee required by
subdivision (e) or (h) of Section 34501.12 within the timeframes set
forth in that section.
   (b) Upon determining that a household goods carrier, or a
household goods carrier transporting used office, store, or
institution furniture and fixtures under its household goods carrier
permit issued under Section 5137 of the Public Utilities Code,
operating any vehicle described in subdivision (a), (b), (e), (f),
(g), or (k) of Section 34500 on a public highway has done any of the
following, the department shall recommend that the Public Utilities
Commission deny, suspend, or revoke the carrier's operating
authority, or for interstate operators, the department shall
recommend to the  Federal Motor Carrier Safety Administration that
appropriate administrative action be taken against the carrier:
   (1) Failed to maintain any vehicle used in transportation for
compensation in a safe operating condition or to comply with the
Vehicle Code or with applicable regulations contained in Title 13 of
the California Code of Regulations, and, in the department's opinion,
that failure presents an imminent danger to public safety or
constitutes a consistent failure so as to justify a suspension,
revocation, or denial of the motor carrier's operating authority.
   (2) Failed to enroll all drivers in the pull-notice system as
required by Section 1808.1.
   (3) Failed to submit any application or pay any fee required by
subdivision (e) or (h) of Section 34501.12 within the timeframes set
forth in that section.
   (c) For purposes of this section, two consecutive unsatisfactory
compliance ratings for an inspected terminal assigned because the
motor carrier failed to comply with the periodic report requirements
of Section 1808.1 or the cancellation of the carrier's enrollment by
the Department of Motor Vehicles for the nonpayment of required fees
is a consistent failure.  The department shall retain a record, by
operator, of every recommendation made pursuant to this section.
   (d) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
   (1) That the department has determined that the carrier's safety
record or compliance with Section 1808.1 or subdivision (e) or (h) of
Section 34501.12 is unsatisfactory, furnishing a copy of any
documentation or summary of any other evidence supporting the
determination.
   (2) That the determination may result in a suspension, revocation,
or denial of the carrier's motor carrier permit by the Department of
Motor Vehicles, suspension, revocation, of the motor carrier's
operating authority by the California Public Utilities Commission, or
administrative action by the Federal Motor Carrier Safety
Administration.
   (3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision.  If a review pursuant to this paragraph is
requested by the carrier, the department shall conduct and evaluate
that review prior to transmitting any notification pursuant to
subdivision (a) or (b).
   (e) Upon receipt of a written recommendation from the department
that a motor carrier permit or operating authority be suspended,
revoked, or denied, the Department of Motor Vehicles or Public
Utilities Commission, as appropriate, shall, pending a hearing in the
matter pursuant to Section 34623 or appropriate Public Utilities
Commission authority, suspend the motor carrier permit or operating
authority.  The written recommendation shall specifically indicate
compliance with subdivision  (d).
  SEC. 10.  Section 35400 of the Vehicle Code is amended to read:
   35400.  (a) No vehicle shall exceed a length of 40 feet.
   (b) This section does not apply to any of the following:
   (1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not used
as space to carry any part of the load, except that the combination
of vehicles shall not exceed the length provided for combination
vehicles.
   (2) A vehicle when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of this
code.
   (3) (A) An articulated bus or articulated trolley coach that does
not exceed a length of 60 feet.
   (B) An articulated bus or articulated trolley coach described in
subparagraph (A) may be equipped with a folding device attached to
the front of the bus or trolley if the device is designed and used
exclusively for transporting bicycles.  The device, including any
bicycles transported thereon, shall be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front
body of the bus or trolley coach when fully deployed.  The handlebars
of a bicycle that is transported on a device described in this
subparagraph shall not extend more than 42 inches from the front of
the bus.
   (4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of the
rear of the cab of the motortruck or truck tractor.
   (5) A bus when the excess length is caused by the projection of a
front safety bumper or a rear safety bumper, or both.  The safety
bumper shall not cause the length of the vehicle to exceed the
maximum legal limit by more than one foot in the front and one foot
in the rear.  For the purposes of this chapter, "safety bumper" means
any device which is fitted on an existing bumper or which replaces
the bumper and is constructed, treated, or manufactured to absorb
energy upon impact.
   (6) A bus when the excess length is caused by a device, located in
front of the front axle, for lifting wheelchairs into the bus.  That
device shall not cause the length of the bus to be extended by more
than 18 inches, inclusive of any front safety bumper.
   (7) A bus when the excess length is caused by a device attached to
the rear of the bus designed and used exclusively for the
transporting of bicycles.  This device may be up to 10 feet in
length, if the device, along with any other device permitted pursuant
to this section, does not cause the total length of the bus,
including any device or load, to exceed 50 feet.
   (8) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front of
the bus which is designed and used exclusively for transporting
bicycles.  The device, including any bicycles transported thereon,
shall be mounted in a manner that does not materially affect
efficiency or visibility of vehicle safety equipment, and shall not
extend more than 36 inches from the front body of the bus when fully
deployed.  The handlebars of a bicycle that is transported on a
device described in this paragraph shall not extend more than 42
inches from the front of the bus.  A device described in this
paragraph may not be used on any bus which, exclusive of the device,
exceeds 40 feet in length or on any bus having a device attached to
the rear of the bus pursuant to paragraph (7).
   (9) A bus of a length of up to 45 feet when operating on those
highways specified in subdivision (a) of Section 35401.5.  The
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions, shall not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as required
by the federal Intermodal Surface Transportation Efficiency Act of
1991 (P.L. 102-240).
   As used in this paragraph, "reasonable access" means access
substantially similar to that authorized for combinations of vehicles
pursuant to subdivision (c) of Section 35401.5 and access authorized
through a process substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (d) of Section
35401.5.
   (c) The Legislature, by increasing the maximum permissible kingpin
to rearmost axle distance to 40 feet effective January 1, 1987, as
provided in paragraph (4) of subdivision (b), does not intend this
action to be considered a precedent for any future increases in truck
size and length limitations.
   (d) Any transit bus equipped with a folding device installed on or
after January 1, 1999, that is permitted under subparagraph (B) of
paragraph (3) of subdivision (b) or under paragraph (8) of
subdivision (b) shall be additionally equipped with any of the
following:
   (1) An indicator light that is visible to the driver and is
activated whenever the folding device is in an extended position.
   (2) Any other device or mechanism that provides notice to the
driver that the folding device is in an extended position.
   (3) A mechanism that causes the folding device to retract
automatically from an extended position.
   (e) (1) No person shall improperly or unsafely mount a bicycle on
a device described in subparagraph (B) of paragraph (3) of
subdivision (b), or in paragraph (8) of subdivision (b).
   (2) Notwithstanding subdivision (a) of Section 23114 or
subdivision (a) of Section 24002 or any other provision of law, when
a bicycle is improperly or unsafely loaded by a passenger onto a
transit bus, the passenger, and not the driver, is liable for any
violation of this code that is attributable to the improper or
unlawful loading of the bicycle.
  SEC. 10.5.  Section 35400 of the Vehicle Code is amended to read:
   35400.  (a) No vehicle shall exceed a length of 40 feet.
   (b) This section does not apply to any of the following:
   (1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not used
as space to carry any part of the load, except that the combination
of vehicles shall not exceed the length provided for combination
vehicles.
   (2) A vehicle when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of this
code.
   (3) (A) An articulated bus or articulated trolley coach that does
not exceed a length of 60 feet.
   (B) An articulated bus or articulated trolley coach described in
subparagraph (A) may be equipped with a folding device attached to
the front of the bus or trolley if the device is designed and used
exclusively for transporting bicycles.  The device, including any
bicycles transported thereon, shall be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front
body of the bus or trolley coach when fully deployed.  The handlebars
of a bicycle that is transported on a device described in this
subparagraph shall not extend more than 42 inches from the front of
the bus.
   (4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of the
rear of the cab of the motortruck or truck tractor.
   (5) A bus or house car when the excess length is caused by the
projection of a front safety bumper or a rear safety bumper, or both.
  The safety bumper shall not cause the length of the vehicle to
exceed the maximum legal limit by more than one foot in the front and
one foot in the rear.  For the purposes of this chapter, "safety
bumper" means any device that is fitted on an existing bumper or
which replaces the bumper and is constructed, treated, or
manufactured to absorb energy upon impact.
   (6) A bus when the excess length is caused by a device, located in
front of the front axle, for lifting wheelchairs into the bus.  That
device shall not cause the length of the bus to be extended by more
than 18 inches, inclusive of any front safety bumper.
                                                                 (7)
A bus when the excess length is caused by a device attached to the
rear of the bus designed and used exclusively for the transporting of
bicycles.  This device may be up to 10 feet in length, if the
device, along with any other device permitted pursuant to this
section, does not cause the total length of the bus, including any
device or load, to exceed 50 feet.
   (8) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front
body of the bus which is designed and used exclusively for
transporting bicycles.  The device, including any bicycles
transported thereon, shall be mounted in a manner that does not
materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front of
the bus when fully deployed.  The handlebars of a bicycle that is
transported on a device described in this paragraph shall not extend
more than 42 inches from the front of the bus.  A device described in
this paragraph may not be used on any bus which, exclusive of the
device, exceeds 40 feet in length or on any bus having a device
attached to the rear of the bus pursuant to paragraph (7).
   (9) A bus of a length of up to 45 feet when operating on those
highways specified in subdivision (a) of Section 35401.5.  The
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions, shall not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as required
by the federal Intermodal Surface Transportation Efficiency Act of
1991 (P.L. 102-240).
   (10) (A) A house car of a length of up to 45 feet when operating
on the National System of Interstate and Defense Highways or when
using those portions of federal aid primary system highways that have
been qualified by the United States Secretary of Transportation for
that use, or when using routes appropriately identified by the
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions.
   (B) A house car described in subparagraph (A) may also use
highways not specified in subparagraph (A) that provide reasonable
access to facilities for purposes limited to fuel, food, and lodging
when that access is consistent with the safe operation of the vehicle
and when the facility is within one road mile of identified points
of ingress and egress to or from highways specified in subparagraph
(A) for use by that vehicle.
   (C)  As used in this paragraph and paragraph (9), "reasonable
access" means access substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (c) of Section
35401.5.
   (D) Any access route established by a local authority pursuant to
subdivision (d) of Section 35401.5 is open for access by a house car
of a length of up to 45 feet.  In addition, local authorities may
establish a process whereby access to services by house cars of a
length of up to 45 feet may be applied for upon a route not
previously established as an access route.  The denial of a request
for access to services shall be only on the basis of safety and an
engineering analysis of the proposed access route.  In lieu of
processing an access application, local authorities, with respect to
highways under their jurisdiction, may provide signing, mapping, or a
listing of highways, as necessary, to indicate the use of these
specific routes by a house car of a length of up to 45 feet.
   (c) The Legislature, by increasing the maximum permissible kingpin
to rearmost axle distance to 40 feet effective January 1, 1987, as
provided in paragraph (4) of subdivision (b), does not intend this
action to be considered a precedent for any future increases in truck
size and length limitations.
   (d) Any transit bus equipped with a folding device installed on or
after January 1, 1999, that is permitted under subparagraph (B) of
paragraph (3) of subdivision (b) or under paragraph (8) of
subdivision (b) shall be additionally equipped with any of the
following:
   (1) An indicator light that is visible to the driver and is
activated whenever the folding device is in an extended position.
   (2) Any other device or mechanism that provides notice to the
driver that the folding device is in an extended position.
   (3) A mechanism that causes the folding device to retract
automatically from an extended position.
   (e) (1) No person shall improperly or unsafely mount a bicycle on
a device described in subparagraph (B) of paragraph (3) of
subdivision (b), or in paragraph (8) of subdivision (b).
   (2) Notwithstanding subdivision (a) of Section 23114 or
subdivision (a) of Section 24002 or any other provision of law, when
a bicycle is improperly or unsafely loaded by a passenger onto a
transit bus, the passenger, and not the driver, is liable for any
violation of this code that is attributable to the improper or
unlawful loading of the bicycle.
  SEC. 11.  Section 35401.3 of the Vehicle Code is amended to read:
   35401.3.  (a) Notwithstanding subdivisions (a) and (b) of Section
35401, a combination of vehicles designed and used to transport motor
vehicles, camper units, or boats, which  consists of a motortruck
and stinger-steered semitrailer, shall be allowed a length of up to
70 feet if the kingpin is at least 3 feet behind the rear drive axle
of the motortruck.  This combination shall not be subject to
subdivision (a) of Section 35411, but the load upon the rear vehicle
of the combination shall not extend more than 6 feet 6 inches beyond
the allowable length of the vehicle.
   (b) A combination of vehicles designed and used to transport motor
vehicles, camper units, or boats, which consists of a motortruck and
stinger-steered semitrailer, shall be allowed a length of up to 75
feet if all of the following conditions are maintained:
   (1) The distance from the steering axle to the rear drive axle of
the motortruck does not exceed 24 feet.
   (2) The kingpin is at least 5 feet behind the rear drive axle of
the motortruck.
   (3) The distance from the kingpin to the rear axle of the
semitrailer does not exceed 34 feet except that the distance from the
kingpin to the rear axle of a triple axle semitrailer does not
exceed 36 feet.
   This combination shall not be subject to subdivision (a) of
Section 35411, but the load upon the rear vehicle of the combination
shall not extend more than 6 feet 6 inches beyond the allowable
length of the vehicle.
  SEC. 12.  Section 35401.5 of the Vehicle Code is amended to read:
   35401.5.  (a) A combination of vehicles consisting of a truck
tractor and semitrailer, or of a truck tractor, semitrailer, and
trailer, is not subject to the limitations of Sections 35400 and
35401, when operating on the National System of Interstate and
Defense Highways or when using those portions of federal-aid primary
system highways that have been qualified by the United States
Secretary of Transportation for that use, or when using routes
appropriately identified by the Department of Transportation or local
authorities as provided in subdivision (c) or (d), if all of the
following conditions are met:
   (1) The length of the semitrailer in exclusive combination with a
truck tractor does not exceed 48 feet.  A semitrailer not more than
53 feet in length shall satisfy this requirement when configured with
two or more rear axles, the rearmost of which is located 40 feet or
less from the kingpin or when configured with a single axle which is
located 38 feet or less from the kingpin.  For purposes of this
paragraph, a motortruck used in combination with a semitrailer, when
that combination of vehicles is engaged solely in the transportation
of motor vehicles, camper units, or boats, is considered to be a
truck tractor.
   (2) Neither the length of the semitrailer nor the length of the
trailer when simultaneously in combination with a truck tractor
exceeds 28 feet 6 inches.
   (b) Subdivisions (b), (d), and (e) of Section 35402 do not apply
to combinations of vehicles operated subject to the exemptions
provided by this section.
   (c) Combinations of vehicles operated pursuant to subdivision (a)
may also use highways not specified in subdivision (a) which provide
reasonable access to terminals and facilities for purposes limited to
fuel, food, lodging, and repair when that access is consistent with
the safe operation of the combinations of vehicles and when the
facility is within one road mile of identified points of ingress and
egress to or from highways specified in subdivision (a) for use by
those combinations of vehicles.
   (d) The Department of Transportation or local authorities may
establish a process whereby access to terminals or services may be
applied for upon a route not previously established as an access
route.  The denial of a request for access to terminals and services
shall be only on the basis of safety and an engineering analysis of
the proposed access route.  If a written request for access has been
properly submitted and has not been acted upon within 90 days of
receipt by the department or the appropriate local agency, the access
shall be deemed automatically approved.  Thereafter, the route shall
be deemed open for access by all other vehicles of the same type
regardless of ownership.  In lieu of processing an access
application, the Department of Transportation or local authorities
with respect to highways under their respective jurisdictions may
provide signing, mapping, or a listing of highways as necessary to
indicate the use of specific routes as terminal access routes.  For
purposes of this subdivision, "terminal" means either of the
following:
   (1) A facility where freight originates, terminates, or is handled
in the transportation process.
   (2) A facility where a motor carrier maintains operating
facilities.
   (e) Nothing in subdivision (c) or (d) authorizes state or local
agencies to require permits of terminal operators or to charge
terminal operators fees for the purpose of attaining access for
vehicles described in this section.
   (f) Notwithstanding subdivision (d), the limitations of access
specified in that subdivision do not apply to licensed carriers of
household goods when directly enroute to or from a point of loading
or unloading of household goods, if travel on highways other than
those specified in subdivision (a) is necessary and incidental to the
shipment of the household goods.
   (g) (1) Notwithstanding Sections 35400 and 35401, the Department
of Transportation or local authorities, with regard to highways under
their respective jurisdictions, may, upon application, issue a
special permit authorizing the applicant to operate a combination of
vehicles consisting of a truck tractor semitrailer combination
operated pursuant to subdivision (a) with a kingpin to rearmost axle
measurement limit of not more than 46 feet on trailers used
exclusively or primarily in connection with motorsports.  As used in
this paragraph, "motorsports" means any event, and all activities
leading up to that event, including, but not limited to,
administration, testing, practice, promotion, and merchandising, that
is sanctioned under the auspices of the member organizations of the
Automobile Competition Committee for the United States.
   (2) A local authority, as a condition of issuing a special permit
under this subdivision, may establish reasonable controls on the
allowable hours of operation of those semitrailers that are
authorized to operate under this subdivision.
   (h) The Legislature finds and declares both of the following:
   (1) In authorizing the use of 53-foot semitrailers, it is the
intent of the Legislature to conform with Section 2311(b) of Title 49
of the United States Code by permitting the continued use of
semitrailers of the dimensions as those that were in actual and legal
use on December 1, 1982, and does not intend this action to be a
precedent for future increases in the parameters of any of those
vehicles that would adversely affect the turning maneuverability of
vehicle combinations.
   (2) In authorizing the department to issue special transportation
permits for  motorsports, it is the intent of the Legislature to
conform with Section 31111(b)(1)(E) of Title 49 of the United States
Code.  It is also the intent of the Legislature that this action not
be a precedent for future increases in the distance from the kingpin
to the rearmost axle of semitrailers that would adversely affect the
turning maneuverability of vehicle combinations.
  SEC. 13.  Section 35402 of the Vehicle Code is amended to read:
   35402.  (a) Any extension or device, including any adjustable axle
added to the front or rear of a vehicle, used to increase the
carrying capacity of a vehicle shall be included in measuring the
length of a vehicle, except that a drawbar shall not be included in
measuring the length of a vehicle but shall be included in measuring
the overall length of a combination of vehicles.
   (b) Notwithstanding subdivision (a), extensions of not more than
18 inches in length on each end of a vehicle or combination of
vehicles used exclusively to transport vehicles shall not be included
in measuring the length of a vehicle or combination of vehicles when
the vehicles are loaded.
   (c) Notwithstanding subdivision (a), an extension of not more than
18 inches in length on the last trailer in a combination of vehicles
transporting loads shall not be included in measuring the length of
a vehicle or combination of vehicles when the vehicles are loaded.
Additionally, an extension of not more than 18 inches in length on
the front of the first trailer in a combination of vehicles
transporting loads shall not be included in measuring the length of a
vehicle or combination of vehicles when the vehicles are loaded and
on highways, other than those highways designated by the United
States Department of Transportation as national network routes.
   (d) Notwithstanding subdivision (a), any extension or device which
is not used to carry any load and which does not exceed three feet
in length, added to the rear of a vehicle, and is used exclusively
for pushing the vehicle or a combination of vehicles, which vehicle
or combination of vehicles is designed and used exclusively to
transport earth, sand, gravel, and similar materials, shall be
included in measuring the length of the vehicle but shall not be
included in measuring the overall length of the combination of
vehicles.
   (e) Notwithstanding subdivision (a), a truck semitrailer
combination, but not a truck tractor and semitrailer combination, may
use a sliding fifth wheel, or a truck tractor, semitrailer, trailer,
and a truck-trailer combination may use a sliding drawbar, to extend
the length of the combination by not more than 2 feet 6 inches while
traveling 35 miles per hour or less on any highway, except a
freeway.  These provisions shall apply, however, to freeway onramps
and offramps and freeway connectors.  The sliding fifth wheel or
drawbar when extended shall not be included in measuring the overall
length of the combination of vehicles if the pivot point of the
semitrailer connection is more than two feet to the rear of the
center of the rearmost axle of the motortruck or if the distance from
the pivot point to the center of the rearmost axle of the
semitrailer does not exceed 34 feet.
   Combinations of vehicles permitted by this subdivision  shall be
in compliance with the weight limits provided in Article 1
(commencing with Section 35550) of  Chapter 5 whenever any drawbar or
sliding fifth wheel is extended, contracted, or in any intermediate
position as provided for by this subdivision.
  SEC. 14.  Section 40303 of the Vehicle Code is amended to read:
   40303.  Whenever any person is arrested for any of the following
offenses and the arresting officer is not required to take the person
without unnecessary delay before a magistrate, the arrested person
shall, in the judgment of the arresting officer, either be given a 10
days' notice to appear as provided in this section or be taken
without unnecessary delay before a magistrate within the county in
which the offense charged is alleged to have been committed and who
has jurisdiction of the offense and is nearest or most accessible
with reference to the place where the arrest is made:
   (a) Section 10852 or 10853, relating to injuring or tampering with
a vehicle.
   (b) Section 23103 or 23104, relating to reckless driving.
   (c) Subdivision (a) of Section 2800, insofar as it relates to a
failure or refusal of the driver of a vehicle to stop and submit to
an inspection or test of the lights upon the vehicle under Section
2804 hereof, which is punishable as a misdemeanor.
   (d) Subdivision (a) of Section 2800, insofar as it relates to a
failure or refusal of the driver of a vehicle to stop and submit to a
brake test which is punishable as a misdemeanor.
   (e) Subdivision (a) of Section 2800, relating to the refusal to
submit vehicle and load to an inspection, measurement, or weighing as
prescribed in Section 2802 or a refusal to adjust the load or obtain
a permit as prescribed in Section 2803.
   (f) Subdivision (a) of Section 2800, insofar as it relates to any
driver who continues to drive after being lawfully ordered not to
drive by a member of the California Highway Patrol for violating the
driver's hours of service or driver's log regulations adopted
pursuant to subdivision (a) of Section 34501.
   (g) Subdivision (b) of Section 2800, relating to a failure or
refusal to comply with any lawful out-of-service order.
   (h) Section 20002 or 20003, relating to duties in the event of an
accident.
   (i) Section 23109, relating to participating in speed contests or
exhibition of speed.
   (j) Section 14601, 14601.1, 14601.2, or 14601.5, relating to
driving while license is suspended or revoked.
   (k) When the person arrested has attempted to evade arrest.
   (l) Section 23332, relating to persons upon vehicular crossings.
   (m) Section 2813, relating to the refusal to stop and submit a
vehicle to an inspection of its size, weight, and equipment.
   (n) Section 21461.5, insofar as it relates to a pedestrian who,
after being cited for a violation of Section 21461.5, is, within 24
hours, again found upon the freeway in violation of Section 21461.5
and thereafter refuses to leave the freeway after being lawfully
ordered to do so by a peace officer and after having been informed
that his or her failure to leave could result in his or her arrest.
   (o) Subdivision (a) of Section 2800, insofar as it relates to a
pedestrian who, after having been cited for a violation of
subdivision (a) of Section 2800 for failure to obey a lawful order of
a peace officer issued pursuant to Section 21962, is within 24 hours
again found upon the bridge or overpass and thereafter refuses to
leave after being lawfully ordered to do so by a peace officer and
after having been informed that his or her failure to leave could
result in his or her arrest.
   (p) Section 21200.5, relating to riding a bicycle while under the
influence of an alcoholic beverage or any drug.
   (q) Section 21221.5, relating to operating a motorized scooter
while under the influence of a alcoholic beverage or any drug.
  SEC. 15.  Section 10.5 of this bill incorporates amendments to
Section 35400 of the Vehicle Code proposed by this bill and AB 2175.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 35400 of the Vehicle Code, and (3) this bill is enacted after
AB 2175, in which case Section 35400 of the Vehicle Code, as amended
by AB 2175, shall remain operative only until the operative date of
this bill, at which time Section 10.5 of this bill shall become
operative, and Section 10 of this bill shall not become operative.
  SEC. 16.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
